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2025 DAILYLAW 25897 (AP)

B SUBBIREDDY v. THE STATE OF ANDHRA PRADESH

WP/19720/2025 · 2025-07-30

Nyapathy Vijay

body2025

Judgment text

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I APHC010364642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) /, THURSDAY, THE THIRTY FIRST DAY OF JULY II TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 197?n OF 2025 Between: 1. B Subbireddy, S/o.B.Basireddy, Aged 47 Pittigunta, Kadapa District-516217. 2. Jestadi Rajesh, S/o Venkataiah, Aged 33 years, R/o D.No.4/48, Duvvur Mandal, Gudipadu, Kadapa District-516175. 3. P.Narasimhulu, S/o P.Venkataramana, Aged 39 /3, Murevandia Palli, Rompicherla, Chittoor Distrct-517192 4. R.Thejasree, D/o.R.Surya Prakash, Aged 23 Gyarampalli, G.Kothapalli, K.V.Palli, Chittoor District. 5. K.Dinesh Kumar, S/o.K.Chengalraya Naidu, Aged 27 years, R/o D.No. 1-443, V.K.Palle, Devalampet, Chittoor District. 6. P.Sowjanya, D/o.Sai Krishna Reddy Borra, Aged 32 159/1, Ponnapalli, Agraharam, Bapatia District. years, R/o D.No.3/134, years, R/o D.No.7-3- years, R/o D.No. 10-56, years, R/o D.No.2- ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Grama Sachivalayam and Ward Sachivalayam Department (GSWS), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary Secretariat Buildings, Agriculture and Horticulture Department, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner and Director of Agriculture, Department Agriculture, Government of Andhra Pradesh. Chuttugunta Circle, Rythu Bazar, Guntur District-522004 Commissioner of ■4-_ / 4. The of Horticulture, Horticulture Department, Government of Andhra Pradesh, Chuttugunta Circle, Guntur District-522004 Rythu Bazar, 5. The Director (GSWS), Department of Grama Sachivalayam Sachivalayam, Jawahar Auto Nagar, Vijayawada A.P-520007. 6. The District Collector, Kadapa District. 7. The District Collector, Chittoor District. 8. The District Collector, Bapatia District. 9. The District Collector, Guntur District. 10. The District Horticulture Officer, YSR Kadapa District. 11. The District Horticulture Officer, Chittoor District. 12. The District Horticulture Officer, Baptia District. 13. The District Horticulture Officer, Guntur District and Ward ...Respondents of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of respondents in effecting allotment/postings of Village Horticulture Assistants including petitioners by Petition under Article 226 of the Constitution impugned proceedings t.Roc.No, A/30/2025, dt 30.06.2025, issued by the 11 respondent. 2.Roc.No./V49/VH/VTransfers/2025, dt 30.06.2025, issued by the 10th respondent, in respect of petitioners 1 and 2, and 3.Proceedings No.116/2025, dt 30.06.2025, issued by the 13th respondent, by proposing to shift them with posts to other places though Village Horticulture including petitioners. Assistants are entitled to be retained at present places of working per the policy guidelines of the in G.O.Ms.No.1(GS&WS) Department, dt 25.01.2025, on the basis of Horticulture Crop Area , as Government issued i w and G.O.Ms.No.4 Grama Sachivalayam and Ward Sachivalayam Department, dt 17.05.2025 and G.O.Ms.No.5 Sachivalayam Department, dt 12.06.2025, as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim Stay of the impugned proceedings 1.Roc.No.A/30/2025 issued 2.Roc.No.A/49A/HA/Transfers/2025, the respondent, in respect of petitioners 1 and 2, No. 116/2025, dt 30.06.2025, issued by the 13th respondent. Pending disposal of the present Writ Petition. Counsel for the Petitioners: SRI G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: Grama Sachivalayam and Ward dt 30.06.2025, by 11th respondent. dt 30.06.2025, issued by the 10th and 3. Proceedings APHC010364642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAYJHE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19720 OF 2025 Between: B Subbireddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.G VSHIVAJI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19720 OF 2025 ORDER:- The present Writ Petition is filed questioning the impugned action of the Respondents in effecting allotment/ postings of Village Horticulture Assistants including the Petitioners by proposing to shift them to other places, without considering the request of retention as illegal and arbitrary. 2. The facts leading to file the present Writ Petition are as follows:- The Petitioners are working as Village Horticulture Assistants, having been recruited vide Notification dated 26.07.2019 and working at various places. The Government had issued G.O.Ms.No.5, Department of Grama Sachivalayams and Ward Sachivalayams, dated 12.06.2025 inconsonance with the transfer guidelines vide G.O.Ms.No.23, Finance (HR, l-PLG & Policy) Department, dated 15.05.2025. Consequent thereto, the Petitioners were transferred to various placed vide Proceedings dated 30.06.2025 issued by District Horticulture Officer, YSR Kadapa District. Questioning the same, the present Writ Petition came to be filed. 3. Learned counsel for the Petitioners would submit that the impugned proceedings are contrary to the guidelines of transfer and the criteria for retention as formulated by the State vide G.O.Ms.No. 4, dated 17.05.2025 was not considered by the Respondent Authorities before effecting transfers. r 4. Learned Government Pleader for the Respondents would submit that the proceedings are intents of service and posting of the individuals are based on requirements and in the absence of any malafides in the order of impugned proceedings, the Petitioners are not entitled to any relief. 5. Heard learned counsel on both sides. 6. In the case of “Union of India v. S.LAbbas”\ wherein it was held that transfer guidelines do not confer enforceable right on the employees and postings are best left to the discretion of administration. In “Shilpi Bose (Mrs) and Others v. State of Bihar and Others”^, wherein it was held that even if the transfer order is in violation of executive instructions, the Courts should not ordinarily interfere. Similar is the view taken in long line of Judgments by Hon’ble Supreme Court as well as this Court from time to time. 7. The plea of the Petitioners in this case is that G.O.Ms.No.4 , dated 17.05.2025 providing for one among Agriculture/ Horticulture/ Sericulture Assistant to each group of Secretariats based on area of cultivation was not considered before effecting transfers, various other grounds were raised, but considering the limited scope to interfere in cases of transfer, it would be appropriate if the issue urged are left open to the Respondents to consider and take necessary action in the matter. 8. In that view, this Court is inclined to dispose of the Writ Petition of with the following directions: ' 1993(4) see 357 ^1991Supp(2)See 659 (i) The Petitioners shall submit a representation to the Respondent Authorities, explaining the grievance regarding the transfers within a period of two (02) weeks from the date of receipt of a copy of this order; (ii) On receipt of the same, the Respondent Authorities shall consider the representation of the Petitioners, as expeditiously as possible and take necessary action thereto. 9. The Writ Petition is accordingly, disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Grama Sachivalayam and Ward Sachivalayam Department (GSWS), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Agriculture and Horticulture Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner and Director of Agriculture, Department of Agriculture, Government of Andhra Pradesh. Chuttugunta Circle, Rythu Bazar, Guntur District-522004. 4. The Commissioner of Horticulture, Government of Andhra Pradesh, Chuttugunta Circle Guntur District-522004 Horticulture Department, Rythu Bazar, 5. The Director (GSWS), Department of Grama Sachivalayam Sachivalayam, Jawahar Auto Nagar, Vijayawada A.P-520007 and Ward t 6. The District Collector, Kadapa District. 7. The District Collector, Chittoor District. 8. The District Collector, Bapatia District. 9. The District Collector, Guntur District. 10. The District Horticulture Officer, YSR Kadapa District. 11. The District Horticulture Officer, Chittoor District. 12. The District Horticulture Officer, Baptia District. 13. The District Horticulture Officer, Guntur District 14. One CC to Sri G V Shivaji, Advocate [OPUC] 15. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 16. Two CD Copies TF HIGH COURT DATED:31/07/2025 ORDER WP NO. 19720 OF 2025 gf 19 AUG 2025 *SCl|(rentS«Sg[iX^ DISPOSING OF THE W.P., WITHOUT COSTS